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KHAIRKHWA v. OBAMA

No. 11-5180.

703 F.3d 547 (2012)

Khairulla KHAIRKHWA, Detainee, Guantanamo Bay Naval Station, and Sami Al Hajj, As Next Friend of Khairulla Khairkhwa, Appellants, v. Barack OBAMA, President of the United States, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 14, 2012.

Attorney(s) appearing for the Case

J. Griffin Morgan argued the cause for appellant. With him on the briefs were Robert M. Elliot and C. Frank Goldsmith, Jr.

Dana Kaersvang , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Tony West , Assistant Attorney General, Ian Heath Gershengorn , Deputy Assistant Attorney General, and Robert M. Loeb , Attorney. Lowell V. Sturgill Jr. , Attorney, entered an appearance.

Opinion for the Court filed by Senior Circuit Judge RANDOLPH.

RANDOLPH, Senior Circuit Judge:

This is an appeal from the judgment of the district court, Urbina, J., denying Khairulla Khairkhwa's petition for a writ of habeas corpus.

Khairkhwa is a detainee at Guantanamo Bay Naval Base. Khairkhwa v. Obama, 793 F.Supp.2d 1 (D.D.C.2011). The Authorization for Use of Military Force (AUMF), Pub. L. No. 107-40, 115 Stat. 224 (2001), authorized the President to detain individuals...

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